COMPLAINT FOR DESIGN PATENT INFRINGEMENT

Transcription

1 Case :-cv-0-svw-agr Document Filed 0// Page of Page ID #: 0 0 Guy Ruttenberg, Bar No. 0 guy@ruttenbergiplaw.com Dennis Ma, Bar No. dennis@ruttenbergiplaw.com RUTTENBERG IP LAW, A PROFESSIONAL CORPORATION 0 Century Park East, Suite 0 Los Angeles, CA 00 Telephone: (0) -0 Facsimile: (0) -0 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA LEDSON, a Polish Company, and LUMINII CORP., an Illinois corporation, v. Plaintiffs, VISION LIGHT WORX, INC., a California corporation, d/b/a Optic Arts, Defendant. Case No. :-cv- COMPLAINT FOR DESIGN PATENT INFRINGEMENT JURY TRIAL DEMANDED

2 Case :-cv-0-svw-agr Document Filed 0// Page of Page ID #: 0 0 Plaintiffs LEDsON and Luminii Corp. ("Plaintiffs") complain and allege as follows against Defendant Vision Light Worx, Inc. d/b/a Optic Arts ("Defendant"). THE PARTIES. LEDsON is a family business established in 00 in Warsaw, Poland and has become a leading manufacturer of aluminum profiles for Light Emitting Diode (LED) fixtures. LEDsOn has created numerous designs for extrusions for LED-based lighting devices.. LEDsON has a place of business at ul. Obroncow Tobruku /0, 0- Warsaw, Poland.. Luminii is a manufacturer of specification grade architecral LED lighting products, organized under the laws of the State of Illinois, and has a place of business at Merrimac Ave, Niles, IL 0.. Upon information and belief, Vision Light Worx, Inc. is corporation organized under the laws of the State of California, has a place of business at 0 Monterey Pass Rd., Monterey Park, CA,, and conducts business under the name Optic Arts. JURISDICTION AND VENUE. This is an action for patent infringement arising under the patent laws of the United States, U.S.C. et seq. and.. This Court has subject matter jurisdiction pursuant to U.S.C.. This Court has personal jurisdiction over Defendant because it has committed and continues to commit acts of infringement in violation of U.S.C., and places infringing products into the stream of commerce, with the knowledge or understanding that such products are sold in the State of California, including in this District. The acts by Defendant cause injury to Plaintiffs within this District. Upon information and belief, Defendant derives substantial revenue from the sale of

3 Case :-cv-0-svw-agr Document Filed 0// Page of Page ID #: 0 0 infringing products within this District, expects its actions to have consequences within this District, and derives substantial revenue from interstate commerce. and 00(b). LEDsON.. Venue is proper within this District under U.S.C. (b) and (c) BACKGROUND FACTS. Slawomir Trzesniowski is the managing director and owner of 0. Mr. Trzesniowski has protected his innovative designs through design patents issued by the United States Patent and Trademark Office. The asserted design patents cover many ornamental features of Plaintiffs' products. Patent Number Title D, Extrusion for LED-Based Lighting Apparatus D, Extrusion for LED-Based Lighting Apparatus D, Extrusion for LED-Based Lighting Apparatus D,0 Extrusion for Light Emitting Diode Based Lighting Apparatus D, Extrusion for LED-Based Lighting Apparatus D, Extrusion for LED-Based Lighting Apparatus. LEDsON owns, by way of assignment, each of the asserted design patents listed above, copies of which are attached as Exhibits -.. Luminii is the exclusive licensee in the United States of the asserted LEDsON design patents.. As the side-by-side comparisons shown below reveal, Defendant has misappropriated Plaintiffs' patented LED-based lighting apparatus designs in the accused products.

4 Case :-cv-0-svw-agr Document Filed 0// Page of Page ID #: 0 0 U.S. Design Patent Side Elevation View D, D, Accused Product CHW-S- CHS-R-0 D, CHS-R- D, D,0 CHS-C- CHS-S-0

5 Case :-cv-0-svw-agr Document Filed 0// Page of Page ID #: 0 0 U.S. Design Patent Side Elevation View D, Accused Product CHS-S-. Plaintiff, Luminii, notified Defendant of the asserted design patents by way of a letter addressed to Mr. Jason Mullen, Optic Arts, Chestnut Street, Suite 0, Burbank, California 0, which was mailed on December, 0.. Since receipt of the aforementioned letter, Defendant has continued to manufacture, import, sell and/or offer for sale one or more of the accused products.. Since receipt of the aforementioned letter, Defendant has refused to change its products in response to Plaintiffs' objections, and has refused to discontinue its sales of the accused products.. On information and belief, Defendant, with full knowledge of the asserted design patents and the accused products, has acted with reckless disregard for the asserted design patents. FIRST CLAIM FOR RELIEF (Infringement of D,). Plaintiffs incorporate and reallege paragraphs through of this. Defendant has infringed and continues to infringe U.S. Design Patent D, by using, selling and/or offering to sell in the United States, and/or number CHW-S-, which embodies the design covered by U.S. Design Patent D,.

6 Case :-cv-0-svw-agr Document Filed 0// Page of Page ID #: 0 0 SECOND CLAIM FOR RELIEF (Infringement of D,) 0. Plaintiffs incorporate and reallege paragraphs through of this. Defendant has infringed and continues to infringe U.S. Design Patent D, by using, selling and/or offering to sell in the United States, and/or number CHS-R-0, which embodies the design covered by U.S. Design Patent D,. THIRD CLAIM FOR RELIEF (Infringement of D,). Plaintiffs incorporate and reallege paragraphs through of this. Defendant has infringed and continues to infringe U.S. Design Patent D, by using, selling and/or offering to sell in the United States, and/or number CHS-R-, which embodies the design covered by U.S. Design Patent D,. FOURTH CLAIM FOR RELIEF (Infringement of D,). Plaintiffs incorporate and reallege paragraphs through of this. Defendant has infringed and continues to infringe U.S. Design Patent D, by using, selling and/or offering to sell in the United States, and/or number CHS-C-, which embodies the design covered by U.S. Design Patent D,.

7 Case :-cv-0-svw-agr Document Filed 0// Page of Page ID #: 0 0 FIFTH CLAIM FOR RELIEF (Infringement of D,0). Plaintiffs incorporate and reallege paragraphs through of this. Defendant has infringed and continues to infringe U.S. Design Patent D,0 by using, selling and/or offering to sell in the United States, and/or number CHS-S-0, which embodies the design covered by U.S. Design Patent D,0. SIXTH CLAIM FOR RELIEF (Infringement of D,). Plaintiffs incorporate and reallege paragraphs through of this. Defendant has infringed and continues to infringe U.S. Design Patent D, by using, selling and/or offering to sell in the United States, and/or number CHS-S-, which embodies the design covered by U.S. Design Patent D,. patents; PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for relief as follows:. A judgment that Defendant has infringed each of the asserted design. An order and judgment permanently enjoining Defendant and its officers, directors, agents, servants, employees, affiliates, attorneys, and all others acting in privity or in concert with them, and their parents, subsidiaries, divisions, successors and assigns, from further acts of infringement of the asserted design patents.

8 Case :-cv-0-svw-agr Document Filed 0// Page of Page ID #: 0 0. A judgment awarding Plaintiffs all damages adequate to compensate for Defendant's infringement of the asserted patents, and particularly Defendant's total profits pursuant to U.S.C... A judgment awarding Plaintiffs all damages, costs, and interest, including treble damages, based on any infringement found to be willful, pursuant to U.S.C., together with prejudgment interest.. An accounting of Defendant's profits.. A judgment declaring this case to be exceptional and awarding Plaintiffs their reasonable attorneys fees pursuant to U.S.C. ; and proper. Awarding Plaintiffs such other and further relief as this Court deems just and DATED: March, 0 By: /s/ Dennis H. Ma Guy Ruttenberg Dennis H. Ma RUTTENBERG IP LAW, A PROFESSIONAL CORPORATION 0 Century Park East, Suite 0 Los Angeles, CA 00 Telephone: (0) -0 Facsimile: (0) -0 guy@ruttenbergiplaw.com dennis@ruttenbergiplaw.com Joseph M. Kuo (pro hac vice to be filed) William T. Eveland (pro hac vice to be filed) ARNSTEIN & LEHR LLP 0 South Riverside Plaza Suite 00 Chicago, IL 00 Telephone: () -00 Facsimile: () -0 jmkuo@arnstein.com wteveland@arnstein.com Attorney for Plaintiffs